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Friday, December 18, 2015

14 जिलों के bsa अवमानना में तलब



HIGH COURT OF JUDICATURE AT ALLAHABAD 

Court No. - 5 

Case :- CONTEMPT APPLICATION (CIVIL) No. - 7647 of 2015 

Applicant :- Pravesh Kumar Pateriya And 24 Ors. 

Opposite Party :- Sanjay Sinha, Secry., U.P. Basic Edu. Board And 14 Ors. 

Counsel for Applicant :- Anoop Trivedi,Vibhu Rai 

Hon'ble Vivek Kumar Birla,J. 

Heard learned counsel for the applicant. 

The present contempt application has been filed for punishing the Opposite Party for willful disobedience of the judgment and order dated 30.4.2015 passed by this Court in Writ-A No. 24818 of 2015 (Santosh Kumar Mishra and others Vs. State of U.P. and others), wherein this Court has observed as under :- 

"Heard Sri Anoop Trivedi, learned counsel for petitioner, learned Standing Counsel for respondent No.1 and Sri A.K. Yadav for respondent No.2. 

The petitioners claim that they have been selected for appointment as Assistant Teacher in primary schools but they have not been issued any appointment letter. 

A similar controversy by some other selected candidates had come up for consideration before learned single Judge in Writ Petition No.28686 of 2014 (Brahm Dev Yadav and others Vs. State of U.P. and others). It was decided vide judgment and order dated 29.5.2014 directing respondents-authorities to complete process of making actual appointments within a period of two months and ensure that appointed persons join their respective posts within a fortnight thereafter. The aforesaid order has been upheld by the Division Bench in special appeal. 

In view of the aforesaid facts and circumstances, with the consent of the parties, the writ petition is disposed of in same terms and conditions as contained in the judgment and order dated 29.5.2014 passed in the above referred writ petition." 

The submission is that Opposite Party No. 1, U.P. Basic Education Board, Allahabad has already issued necessary order dated 15.9.2015 whereby it is directed that the eligible candidates should be issued appointment letter within a time bound period.

In view of the allegations made in the supporting affidavit to the contempt application, prima facie, a case for punishing the opposite party Nos. 2 to 15 for willful disobedience of the judgment and order dated 30.4.2015 is made out. 

Issue notice to the opposite party Nos. 2 to 15 only to show cause by appearing in person as to why charge be not framed for punishing them under Section 12 of Contempt of Courts Act for willful disobedience of the order dated 30.4.2015. 

List on the date fixed by the office in the notice. 

Order Date :- 18.12.2015
p.s. 

  कोर्ट द्वारा दिए गए निम्न आदेश का अनुपालन न करने के कारण की गयी अवमानना की कार्यवाही

Court No. - 1 

Case :- WRIT - A No. - 24818 of 2015 

Petitioner :- Santosh Kumar Mishra And 4 Ors. 

Respondent :- State Of U.P. And Anr. 

Counsel for Petitioner :- Anoop Trivedi,Vibhu Rai 

Counsel for Respondent :- C.S.C.,A.K. Yadav 

Hon'ble Pankaj Mithal,J. 

Heard Sri Anoop Trivedi, learned counsel for petitioner, learned Standing Counsel for respondent No.1 and Sri A.K. Yadav for respondent No.2. 

The petitioners claim that they have been selected for appointment as Assistant Teacher in primary schools but they have not been issued any appointment letter. 

A similar controversy by some other selected candidates had come up for consideration before learned single Judge in Writ Petition No.28686 of 2014 (Brahm Dev Yadav and others Vs. State of U.P. and others). It was decided vide judgment and order dated 29.5.2014 directing respondents-authorities to complete process of making actual appointments within a period of two months and ensure that appointed persons join their respective posts within a fortnight thereafter. The aforesaid order has been upheld by the Division Bench in special appeal. 

In view of the aforesaid facts and circumstances, with the consent of the parties, the writ petition is disposed of in same terms and conditions as contained in the judgment and order dated 29.5.2014 passed in the above referred writ petition. 

Order Date :- 30.4.2015 
Brijesh